It is important to note that monuments and landmarks take precedent over surveys from legal descriptions. If the monuments have been placed there some time ago, you need to discuss the issue with your neighbor. Otherwise, you have a boundary dispute and the Court will determine whether the... View More

You are on notice of a rental agreement so you are bound by the terms. Once you know the terms and conditions as well as the length of the agreement (term) you can cancel the contract or refuse to renew.

There are very specific laws regarding mobile home parks and the eviction process. It... View More

Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be... View More

You should file a complaint for breach of contract and replevin. The statute of frauds will pose a problem but you should be able to avoid the statute of frauds based upon partial performance.

You should file in municipal court

Process quicker and damages less than $10,000... View More

Recently had a decision from the Fifth District that held that the contract did not have a completion date, and the contract did not state that "time was of the essence", therefore the absence from the project for even a long period of time was not a material breach. Attempting to... View More

The answer to your question requires a review of your contract to sell your home. The sale of your home is conditioned upon you finding a new home. The language of that condition will be the key to determining your rights. "It is contingent on me finding a house." Any house, a house... View More

Once the lender verifies that the person is a bona fide successor in interest there is not supposed to be any inquiry into the successor in interest's finances.

The CFPB issued an interpretation in 2014 stating:

the creditor's written acknowledgement of the successor as... View More

You have a defense of payment (Accord and Satisfaction). The HOA will assert that you were late in payment and never paid until the law firm was engaged and you received the complaint. The ability to demonstrate the timing of your payment will be critical to your defense.

I believe that... View More

You should immediately settle for the $2,000 if that offer is still on the table. It will cost you much more than $2,000 to defend the matter at trial. If Plaintiff recovers any amount of a judgment, he will be awarded attorney fees under employment discrimination fee shifting provisions. Most... View More

While your family was devastated by the loss of a pet, and you probably consider your pet to be part of the family. In Ohio, a pet is merely personal property and there is no emotional or other non-economical damages that can be recovered, absent circumstances that your post does not mention.

The purchase agreement may have a provision which states that the house is purchased "as is" if an inspection is not conducted.

However, if a seller conceals items, then the lack of an inspection would not result in an "as is" purchase. A seller cannot conceal a... View More

Ohio Revised Code Section 5321.07 states that you should give written notice to your landlord at the place you normally pay rent. Given the severity of the issue you should ask that the matter be resolved in 7 to 10 days. If the landlord refuses to fix the condition, and you are current with your... View More

Tax lien expires in 15 years. Interest rate negotiated on the tax certificate was probably 18%. In 15 years with interest the lien will be approximately $2100.00 and they will require you to pay Court costs and attorney fees to avoid the property going to Sheriff's Sale. It is not something... View More

The homeowner maintains title in the real property until the Sheriff's Sale is confirmed. The right of the purchaser at sale to obtain a writ of possession is typically included in the decree of foreclosure. However, the order of confirmation is the mechanism that cuts off the... View More

R.C. 2909.07 No person shall ….. (3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;

The original survey is the act of marking the... View More

Your declarations and by-laws will most likely address the issue of the retention pond. Most likely it is characterized as part of the common area. Your annual assessment should be based upon anticipated expenses and maintenance of the retention pond if defined as a common area would be included... View More

Yes, within 75 days from the date materials were furnished. If owner did not record notice of commencement, then no need to provide notice of furnishing.

The terms of the land installment agreement should be in writing and recorded with the County Recorder.

Unless the contract allows the rent to be modified by the landlord, the landlord cannot change the amount of the rent or the term

Yes. You should give her a 30 day notice brining on the 1st day of the following month, and then if she does not leave you must give her a three day notice that meets the statutory requirements

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